California Criminal Defense Attorneys

February 22, 2012

Irvine Woman Accused of Committing Lewd Acts with a Minor

A 41-year-old woman has been charged with committing lewd acts with a 14-year-old boy. According to a CBS Los Angeles news report, the woman was arrested at her Irvine home. Officials say the alleged incidents occurred between the part-time teacher’s aide and the boy at her home over a six-week period. The report does not contain information regarding what types of activities occurred or what evidence officials have against the teacher.

Under California Penal Code 288, lewd acts are prohibited with a minor under the age of 14 or with a minor who is 14 or 15 and is at least 10 years younger than the accused. There are many types of acts that may be considered molestation or sexual abuse. Seemingly harmless acts, such as touching bare skin or touching a minor’s body through his or her clothing, are considered lewd acts if the intent is sexual gratification.

The nature and extent of the charges usually depend on the circumstances of the incident, the seriousness of the alleged crimes, the age of the victim, and the defendant’s criminal history. Cases involving force or violence could involve increased penalties. While misdemeanor child molestation charges can result in a one-year county jail sentence, a felony conviction could result in up to eight years in the state prison and a $10,000 fine.

February 17, 2012

Third Grade Telfair Elementary Teacher Charged with LA Child Sex Abuse

by Sitkoff & Hanrahan, LLP

A 50-year-old former third-grade teacher has been arrested on sexual abuse charges involving children under the age of 14. According to a CBS Los Angeles news report, the man has been charged with 16 criminal counts stemming from alleged lewd acts committed between September 2010 and April 2011. His credentials were pulled and he was put on unpaid leave after his arrest in October of 2011. His Feb. 15 court hearing could involve charges that could result in 15 years to life in prison. The incidents allegedly involved three girls and one boy, all under the age of 14.

There are many types of acts that may be considered “lewd” under the law. California Penal Code Section 288 defines a lewd act as “any person who willfully and lewdly commits any lewd or lascivious act…upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.”

These types of serious allegations can have a devastating impact on the defendant’s social and professional life. It is crucial for anyone facing charges of lewd behavior to speak with an experienced sex crime defense attorney who will protect his or her reputation and fight the charges.

February 15, 2012

Home Improvement Star Taran Noah Smith Charged with DUI

by Sitkoff & Hanrahan, LLP

Taran Noah Smith, 27, a child star from the hit television show “Home Improvement,” faces up to a year and a half in jail following a DUI arrest. According to a news report on E! News, the arrest occurred in a Los Angeles suburb. Officials say his 1998 silver Honda was parked in front of a fire hydrant when they approached his vehicle. They allegedly found marijuana in the vehicle, and Smith failed a field sobriety test. He faces misdemeanor charges for driving under the influence and possessing concentrated cannabis.

You do not have to be driving at the time of a traffic stop to face DUI charges in California. If you are under the influence of drugs or alcohol and have control of the vehicle, you may be considered driving under the influence. For example, sitting in a parked car with the keys, or even sleeping in a car that is idling, can result in DUI charges. Having the keys and being inside the vehicle is considered “driving” under the law.

According to California Vehicle Code Section 23152 (a): “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” Even first-time offenders can face years of probation, fines and court fees between $1,400 and $1,800, a six-month license suspension, required DUI school, and mandatory jail time.

February 13, 2012

Top Los Angeles Sheriff’s Official Arrested for Drunk Driving

by Sitkoff & Hanrahan, LLP

A top civilian official with the Los Angeles County Sheriff’s Department has been arrested for driving under the influence after she was found inside her county-issued car passed out with her head on the steering wheel. According to a KTLA news report, California Highway Patrol officers found the female official stopped in the middle of the Foothill Freeway after receiving many 9-1-1 calls.

Officials say the woman was intoxicated with her foot on the brake pedal and her car in drive. A test two hours after her arrest showed a blood alcohol concentration (BAC) of 0.20 percent, which is more than two times the legal limit. The woman apparently had one prior DUI conviction in 2009. She has been placed on administrative leave following the recent drunk driving arrest.

Driving under the influence of alcohol and/or drugs is illegal under California law. According to California Vehicle Code Section 23152 (a): “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” It is also against the law to drive a vehicle with a blood alcohol level of 0.08 percent or higher.

February 9, 2012

Mother and Daughter Face Cocaine Smuggling Charges in Los Angeles

by Sitkoff & Hanrahan, LLP

A 54-year-old woman and her 22-year-old daughter were arrested for attempting to smuggle more than 10 pounds of cocaine through Los Angeles International Airport. According to a CBS News report, both women are Spanish citizens who were on their way to Australia. A U.S. Customs officer noticed something unusual in the younger woman’s checked-in luggage. When officers probed packets of chocolate syrup and salad dressing, they found clear plastic bags containing a white paste that tested positive for cocaine. They also found more of the substance in the mother’s baggage. Both women were arrested and charged with intent to distribute cocaine. If convicted, they could face up to five years in federal prison.

Just possessing any type of controlled substance or narcotic is a crime under California law. Possession of a narcotic with the intent to distribute, sell, or transport is an even more serious crime. Intent to distribute charges are often filed by the prosecution when police officers confiscate large quantities of drugs from a person, when they find large quantities of cash along with the drugs, or find instruments, such as scales or baggies, which indicate that the drugs are meant for distribution or sale.

It is common for innocent people to get arrested or charged with possessing drugs with the intent for sale. In some cases, the drugs may not even belong to the defendant. This could be especially true if you are carrying items for someone else or if someone else packed your bags for you. The consequences of intent to distribute charges can be severe and often include a lengthy prison sentence and hefty fines.

February 6, 2012

Los Angeles School Teacher Charged with Molesting 23 Children

by Sitkoff & Hanrahan, LLP

A 61-year-old Los Angeles elementary school teacher was charged with molesting 23 children. According to an Associated Press news report, officials say that the man, who taught in the same school for more than 30 years, committed lewd acts against the students. Authorities obtained photographs showing children in blindfolds with their mouths taped and some with live cockroaches on their faces. The alleged victims include boys and girls between ages 7 and 10. Officials say the alleged incidents occurred between 2008 and 2010. The photographs were turned in to police by a film processor. The teacher was fired from his job when the investigation began. Officials say the man had no prior criminal record.

According to California Penal Code Section 288 (a): “Any person who willfully and lewdly commits any lewd or lascivious act…upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.”

When a person in a position of authority, responsibility, or trust is accused of such serious crimes, the consequences can be extremely severe. One does not need to be convicted of the alleged crimes in order to suffer these consequences. Just the accusations alone can taint an individual’s reputation for a very long time. If convicted, individuals could face a number of consequences for the sex crime, including lengthy prison sentence, hefty fines, and mandatory registration as a sex offender.

February 2, 2012

LAPD to Tackle Drunk Drivers with Rigorous Patrols this Super Bowl Weekend

by Sitkoff & Hanrahan, LLP

Gathering together to watch which team takes home the prestigious Vince Lombardi Trophy is a time-honored American tradition. Although this is a time for us to enjoy Super Bowl Sunday with our family members and friends, it is also usually the time when there is higher than average alcohol consumption. Whether you are watching the game in your favorite sports bar or at a friend’s house, it is critical that you do not drink and drive. The Los Angeles Police Department (LAPD) is beefing up its DUI patrols citywide this weekend with sobriety checkpoints, saturation patrols, and special task forces.

According to LAPD’s statistics, over the last three years, drunk driving-related accidents have claimed 50 lives and injured 3,413 people just in the city of Los Angeles. Right through the weekend, there will be several DUI enforcement efforts conducted by the LAPD. On Feb. 2, there will be a DUI saturation patrol in the Olympic area from 8 p.m. to 2 a.m. On Feb. 3, a sobriety checkpoint will be held on Vermont Avenue at 5th Street from 8 p.m. to 2 a.m. On Feb. 4, LAPD will conduct a DUI checkpoint at Foothill Boulevard and Hubbard Street from 8 p.m. to 2 p.m. On Super Bowl Sunday, a DUI saturation patrol will be held in the 77th Street area from 12 p.m. to 8 p.m.

It is not worth it to get a DUI this weekend or worse, get into an injury accident. If you are planning, or attending, a Super Bowl party where alcohol will be served, please plan ahead and designate a sober driver. In Los Angeles, a DUI can prove extremely costly. Some of the consequences of a DUI conviction include: jail time, loss of driving privileges, an increase in auto insurance rates, and mandatory installation of an ignition interlock device.

January 25, 2012

The Consequences of a DUI Conviction in Los Angeles

by Sitkoff & Hanrahan, LLP

A DUI conviction can have consequences at every possible level that you can imagine. First, your driver’s license could be suspended. If you have a job that requires driving, you are at risk of losing your job. The cost of a DUI can also be significant. Hefty fines, court fees, installation of an ignition interlock device, cost of alcohol education programs, and counseling can all add up very quickly to thousands of dollars.

Sentencing in a DUI case could be affected by many different factors. The state of California takes the following into consideration when determining the level of punishment for DUI: the defendant’s blood alcohol concentration (BAC), nature and extent of injuries caused to other parties, and prior DUI record. Other factors that may influence your DUI sentence include: having an abnormally high BAC, violating other laws such as driving at an excessive speed or running a red light, causing serious injuries to other parties, refusing to submit to a chemical test, and being under 21 at the time of the DUI arrest (known as an underage DUI charge).

First-time offenders are usually required to pay fines and court fees, and will face a license suspension for six months to a year. In addition, they may also be required to undergo alcohol education and perform community service. If it is a second DUI conviction, offenders may face harsher penalties, including jail time, longer license suspensions, and lengthier rehabilitation programs.

January 23, 2012

Newport Beach Man Receives Five-Year Prison Sentence for Sex Crimes

by Sitkoff & Hanrahan, LLP

A 42-year-old Newport Beach man was sentenced to five years in state prison for sexually molesting a 12-year-old girl he met through a social networking site in November 2010. Police say the man pretended to be 24 and was arrested when he was about to meet the girl. Prosecutors said the man picked up the girl from her junior high school and took her to the Back Bay area in Newport Beach where he had sexual relations with her. On another day, he again took the girl to his home in Newport Beach where he sexually assaulted her, officials said.

The girl’s mother contacted authorities after she saw text messages exchanged between the two. The man accepted a plea deal, which amounts to two strikes under the California Three Strikes Law. He pleaded guilty to 23 felony counts of luring a child with the intent to commit a lewd or lascivious act. This means that if he has another brush with the law after being released from prison, it could be considered a third strike. A third conviction could lead to life in prison.

Under California Penal Code Section 288: “Any person who willfully and lewdly commits any lewd or lascivious act…upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.”

January 20, 2012

19-Year-Old Could Face Life in Prison on Sex Crime Charges

by Sitkoff & Hanrahan, LLP

Five new charges involving three new victims have been filed against a 19-year-old Valencia man who has been arrested in connection with a series of sex offenses in the Santa Clarita Valley. According to a news report in The Signal, the teen now faces 34 charges involving 17 victims. If convicted on all counts, he could be sentenced to life in prison. The man was arrested last month after several local girls came forward and said that he had performed sexual acts with them. Prosecutors allege that the man lured the girls through social media. His arraignment has been continued to Feb. 6. The teenager faces several charges of lewd acts on a child including unlawful sexual intercourse, oral copulation of a person under 18, and sexual penetration by a foreign object.

According to California Penal Code Section 288 (a): “Any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.”

These charges are extremely serious because, as with this case, it could result in life-changing consequences for the defendant. Those who are convicted of sex crimes may not only have to serve a lengthy prison sentence, but must also pay hefty fines and face mandatory registration as a sex offender.

California Criminal Lawyer Blog